<div class="chunk-title">Sec. 8-49. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms and phrases, when used in this article, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning.
               
            </p>
            <p class="p0">
               Meaning of certain words: When the terms "dwelling," "dwelling unit," "roominghouse,"
               "rooming unit," or "premises" are used in this article, they shall be construed as
               though they were followed by the words "or any part thereof."
               
            </p>
            <p class="p0">
               <span class="ital">Alter</span> or<span class="ital">alteration</span> means any change or modification in construction or occupancy.
               
            </p>
            <p class="p0">
               <span class="ital">Approved</span> means approved by the minimum housing code enforcement officer.
               
            </p>
            <p class="p0">
               <span class="ital">Basement</span> means a portion of a building which is located partly underground, having direct
               access to light and air from windows located above the level of the adjoining ground.
               
            </p>
            <p class="p0">
               <span class="ital">Building</span> means any structure built for the support, shelter or enclosure of persons, animals,
               chattels or property of any kind. The term "building" shall be construed as if followed
               by the words "or part thereof."
               
            </p>
            <p class="p0">
               <span class="ital">Cellar</span> means a portion of a building located partly or wholly underground having an inadequate
               access to light and air from windows located partly or wholly below the level of the
               adjoining ground.
               
            </p>
            <p class="p0">
               <span class="ital">Deteriorated</span> means that a dwelling is unfit for human habitation and can be repaired, altered
               or improved to comply with all the minimum standards established by this article at
               a reasonable cost in relation to its value as determined by the findings of the minimum
               housing code enforcement officer.
               
            </p>
            <p class="p0">
               <span class="ital">Dilapidated</span> means that a dwelling is unfit for human habitation and cannot be repaired, altered
               or improved to comply with all the minimum standards established by this article at
               a reasonable cost in relation to its value as determined by the findings of the minimum
               housing code enforcement officer.
               
            </p>
            <p class="p0">
               <span class="ital">Dwelling.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "dwelling" means any building which is wholly or partly used or intended
                  to be used for living or sleeping by human occupants whether or not such building
                  is occupied or vacant.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "dwelling" does not include temporary housing.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Dwelling units</span> means any room or group of rooms located within a dwelling and forming a single habitable
               unit with facilities which are used or intended to be used for living, sleeping, cooking
               and eating, whether or not such unit is occupied or vacant.
               
            </p>
            <p class="p0">
               <span class="ital">Extermination</span> means the control and elimination of insects, rodents or other pests by:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Eliminating their harborage places;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Removing or making inaccessible materials that may serve as their food;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Poisoning, spraying, fumigating or trapping; or
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  Other recognized and legal past elimination methods approved by the minimum housing
                  code enforcement officer.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Family</span> means one or more persons living together who are related by blood, marriage or adoption
               and having common housekeeping facilities.
               
            </p>
            <p class="p0">
               <span class="ital">Floor area</span> means the total area of all habitable rooms in a building or structure.
               
            </p>
            <p class="p0">
               <span class="ital">Garbage</span> means the animal and vegetable waste resulting from the handling, preparation, cooking
               and consumption of food.
               
            </p>
            <p class="p0">
               <span class="ital">Habitable room.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "habitable room" means a room or enclosed floor space used or intended to
                  be used for living, sleeping, cooking or eating purposes.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "habitable room" does not include:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Bathrooms;
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Water closet compartments;
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
               <p class="content3">
                  Laundries;
                  
               </p>
               		
               <p class="incr2">
                  d.
                  
               </p>
               		
               <p class="content3">
                  Heater rooms;
                  
               </p>
               		
               <p class="incr2">
                  e.
                  
               </p>
               		
               <p class="content3">
                  Foyers or communicating corridors;
                  
               </p>
               		
               <p class="incr2">
                  f.
                  
               </p>
               		
               <p class="content3">
                  Closets; and
                  
               </p>
               		
               <p class="incr2">
                  g.
                  
               </p>
               		
               <p class="content3">
                  Storage spaces.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Infestation</span> means the presence, within or around a dwelling, of any insects, rodents or other
               pests in such numbers as to constitute a menace to the health, safety or welfare of
               the occupants or to the public.
               
            </p>
            <p class="p0">
               <span class="ital">Minimum housing code enforcement officer</span> means a public officer designated by the county, as defined in G.S. 160A-442, who
               is charged with:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The administration and enforcement of this article; and
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Conducting hearings, including administering oaths and affirmations, examining witnesses,
                  receiving evidence, making findings of fact, and issuing orders, as provided in the
                  requirements of this article.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Multiple dwelling</span> means any building, or portion thereof, which is:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Designed, built, rented, leased, let or hired out to be occupied;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Occupied as the home or residence of more than two families, living independently
                  of each other and doing their own cooking in said building; or
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  The term "multiple dwelling" includes flats and apartments.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Occupant</span> means any person over one year of age, living, sleeping, cooking or eating in, or
               having actual possession of a dwelling unit or rooming unit.
               
            </p>
            <p class="p0">
               <span class="ital">Openable area</span> means that part of a window or door which is available for unobstructed ventilation
               and which opens directly to the outdoors.
               
            </p>
            <p class="p0">
               <span class="ital">Operator</span> means any person who has charge, care or control of a building, or part thereof,
               in which dwelling units or rooming units are let.
               
            </p>
            <p class="p0">
               <span class="ital">Owner</span> means the holder of the title in fee simple and every mortgagee of record.
               
            </p>
            <p class="p0">
               <span class="ital">Parties in interest</span> means all individuals, associations and corporations who have:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Interests of record in a dwelling or any who are in possession thereof; or
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Charge, care or control of any dwelling or dwelling unit, as owner or agent of the
                  owner, or as executor, executrix, administrator, administratrix, trustee, or guardian
                  of the estate of the owner. Any such person thus representing the actual owner shall
                  be bound to comply with the provisions of this article and of the rules and regulations
                  adopted pursuant thereto, to the same extent as if he were the owner.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Plumbing</span> means the practice, materials and fixtures used in the installation, maintenance,
               extension and alteration of all piping, fixtures, appliances and appurtenances in
               connection with any of the following:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Sanitary drainage or storm drainage facilities;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The venting system;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Public or private water supply system within or adjacent to any building, structure
                  or conveyance; and
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  The practice and materials used in the installation, maintenance, extension or alteration
                  of stormwater, liquid waste or sewerage, and water supply systems of any premises
                  to their connection with any point of public disposal.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Premises</span> means a lot, plot or parcel of land, including the building or structure thereon.
               
            </p>
            <p class="p0">
               <span class="ital">Public areas</span> means an unoccupied open space adjoining a building and on the same property that
               is permanently maintained accessible to the fire department and free of all encumbrances
               that might interfere with its use by the fire department.
               
            </p>
            <p class="p0">
               <span class="ital">Required</span> means required by some provision of this article.
               
            </p>
            <p class="p0">
               <span class="ital">Residential occupancy</span> means buildings in which families or households live or in which sleeping accommodations
               are provided. Such buildings include, among others, the following:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Dwellings;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Multiple dwellings;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Lodginghouses; and
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  All dormitories.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Rooming unit</span> means any room or group of rooms forming a single habitable unit used or intended
               to be used for living and sleeping, but not for cooking or eating purposes.
               
            </p>
            <p class="p0">
               <span class="ital">Roominghouse</span> means any dwelling, or that part of any dwelling containing one or more rooming units,
               in which space is let by the owner or operator to three or more persons who are not
               members of the family of the owner or operator.
               
            </p>
            <p class="p0">
               <span class="ital">Rubbish</span> means combustible and noncombustible waste materials.
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "rubbish" does not include garbage.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "rubbish" includes ashes, paper, rags, cartons, boxes, wood, excelsior, rubber,
                  leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery
                  and dust.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Stairway</span> means one or more flights of stairs and the necessary landings and platforms connecting
               them to form a continuous and uninterrupted passage from one story to another in a
               building or structure.
               
            </p>
            <p class="p0">
               <span class="ital">Story</span> means that portion of a building included between the upper surface of any floor
               and the upper surface of the floor next above, except that the topmost story shall
               be that portion of a building included between the upper surface of the topmost floor
               and the ceiling or roof above.
               
            </p>
            <p class="p0">
               <span class="ital">Structure</span> means that which is built or constructed, an edifice or building of any kind, or
               any piece of work artificially built up or composed of parts joined together in some
               definite manner. The term "structure" shall be construed as if followed by the words
               "or part thereof."
               
            </p>
            <p class="p0">
               <span class="ital">Supplied</span> means paid for, furnished or provided by, or under control of the owner or operator.
               
            </p>
            <p class="p0">
               <span class="ital">Temporary housing</span> means any tent, trailer or other structure used for human shelter which is designed
               to be transportable and which is not attached to the ground, to another structure
               or to any utilities system on the same premises for more than 30 consecutive days.
               
            </p>
            <p class="p0">
               <span class="ital">Unfit for human habitation</span> as defined by<a href="" data-chunk-id="PTIICOOR_CH8BUBURE_ARTIIIMIHOCO_DIV2SEENST_S8-71UNHUHACO" class="section-link" data-product-id="14661"> section 8-71</a>.
               
            </p>
            <p class="p0">
               <span class="ital">Ventilation</span> means the process of supply and removing air by natural or mechanical means to or
               from any space.
               
            </p>
            <p class="p0">
               <span class="ital">Yard</span> means an open, unoccupied space on the same lot with a building extending along the
               entire length of a street, or rear or interior lot line.
               
            </p>
            <p class="historynote0">
               (Ord. No. 37, Â§ 1-103, 5-16-1994)
               
            </p></div>